Law: Income Tax Ordinance, 1979

Section: 62,55

Income Tax Ordinance (XXXI of 1979)---Ss. 62 & 55---Double taxation ---Assessee resisted assessment on the ground that lease income had been assessed in the respective hands of original owners and proceedings in the case of A.O.P. were unwarranted and unjustified because property on lease had been purchased by four members of the family in the year 1990-91---Validity---Income from lease in the year 1991-92 had also been assessed in the hands of the owners of the property in their individual assessment---Not only the earlier assessments of two owners were not cancelled but the two other owners were also assessed in respect of income from lease---Assessment of A.O.P. was a case of double taxation in circumstances, which was unwarranted by law---Assessment in the case of A.O.P. was, therefore, cancelled. ORDER In the two appeals by an AOP assessment under section 62 and penalty imposed under section 108 in respect of assessment year 1991-92 are being challenged. 2. For the year under appeal, return had been filed under protest and assessment proceedings had been resisted on the ground that lease income had been assessed in the respective hands of the individual owners and proceedings in the case of the AOP were unwarranted and unjustified. The ITO, without disposing of the objection, assessed the undisputed amount of lease in the hands of the AOP and also imposed a penalty of ks.5,000 for default of section 55. It was pointed out by appellant's Authorized Representative that the property in question i.e. a flour mill which was already on lease had been purchased by 4 members of the family during…

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